PIL in Delhi HC: Right of same- sex marriage should be recognized under Hindu Marriage Act
PIL in Delhi HC: Despite the Supreme Court decriminalizing same sex relationships, marriage is still not being allowed under the provision of the Hindu Marriage Act.
A petition urged to issue a declaration to the effect that since Section 5 of the Hindu Marriage Act does not discriminate between homosexual and heterosexual. The plea raised the issue that denying the LGBT community the option to marry is absolutely discriminatory and treats them as second-class citizens. Homosexual should have access to the same benefits enjoyed by the Heterosexual married couples.
Further submitted that despite the fact that there is absolutely no statutory bar under the Hindu Marriage Act, 1955 and Special Marriage Act,1956 against gay marriage, the same are not being registered throughout the country and also in Delhi. Petition said that Right to Marry is a part of the Right to life under Article 21 of the India